Application Complaint on disclosure of microcredit secrets
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To the Agency of the Republic of Kazakhstan for Regulation
and the development of the financial market.
from: ........... Natalia Valeryevna IIN ..........
Almaty, pr............. The house is 282/1 sq. m.7 +7 707 ..........
Statement
On the disclosure of the secrecy of the microcredit Between DB Alfa-Bank JSC (Hereinafter referred to as the Lender) and ............. N.V. (Hereinafter referred to as the Borrower) a loan agreement was signed no. ______ of the year (hereinafter referred to as the Agreement) in the amount of 1,200,000 tenge. Subsequently, due to the loss of work and additional income due to the global pandemic, which does not need to be proven, the Borrower stopped fulfilling his obligations, but the Borrower does not refuse to repay his debts. However, she later fulfilled her obligations in a timely manner. Later, Alfa-Bank DB JSC transferred the rights to the collection organization. The law states that Collection Agency LLP was obliged to notify the Borrower of the transfer of the right (claim) to a third party via SMS notifications and/or emails within thirty calendar days from the date of conclusion of the assignment agreement, indicating the purpose of further payments to repay the loan to a third party (name and location the person to whom the right (claim) has been transferred under the loan agreement), the full amount of the transferred rights (claims), as well as the remaining overdue and current amounts of the principal debt, remuneration, commissions, penalties (fines, penalties) and other amounts payable.
Application Complaint on disclosure of microcredit secrets
However, the collectors did not notify about the transfer of the Borrower's right. According to the agreement, the number of the cellular subscriber device is +7 777 000000, and the Borrower did not specify any other numbers (especially from a third party) in the Agreement, nor did he confirm them in writing. To our great surprise, the Lender started calling the Borrower's relatives and friends (third parties) from the moment of the delay. Also, these calls occurred even at 23:10 at night. In addition, there were calls from collectors threatening to sell their parents' property. There were also calls and SMS notifications on the weekend, i.e. 07/04/2021. Which is contrary to the law on collection activities (I'm uploading a screenshot of the SMS notification). Whereas the lender is obliged to observe the secrecy of the loan. The Lender and you should take into account that the Borrower did not request disclosure of the microcredit secret to a third party, especially to the Borrower's parents. It should begin with the fact that in art. 17 of the Constitution of the Republic of Kazakhstan states that human dignity is inviolable and in article 18 "Everyone has the right to privacy, personal and family secrets, protection of their honor and dignity, everyone has the right to privacy of personal deposits and savings, correspondence, telephone conversations, postal, telegraphic and other communications. According to art . 50 of the Law of the Republic of Kazakhstan on Banks and Banking Activities in the Republic of Kazakhstan dated August 31, 1995 No. 2444, where the secret of granting a loan may be disclosed only to the borrower, to any third party on the basis of the written consent of the borrower given at the time of his personal presence at the bank, to the credit bureau for loans granted in accordance with the laws of the Republic of Kazakhstan. By sending this letter to you, we demand that Collection Agency LLP be held accountable before the law properly for violating confidentiality, or rather for disclosing the secrecy of the loan. In this case, the Borrower did not give consent to any third party to disclose the secret about the microcredit. We are saddened by the blatant violation of the law by the Collection Agency LLP and the ugly actions of the Collection Agency LLP employees. In accordance with the Law "On Personal Data and their Protection", if the personal data subject withdraws consent to the processing of his personal data, the operator is obliged to stop processing them. It must also ensure that such processing is terminated if the processing of personal data is carried out by another person acting on behalf of the operator. If the storage of personal data is no longer required for the purposes of personal data processing, the operator must destroy the personal data or ensure their destruction if the processing of personal data is carried out by another person acting on behalf of the operator.
Application Complaint on disclosure of microcredit secrets
In addition, I hereby notify you that my relatives and colleagues, who received calls about my loan obligations, did not give either the bank or other related organizations consent to the processing and use of their personal data, and therefore plan to apply to law enforcement agencies for an audit under Article 142 of the Criminal Code of the Republic of Kazakhstan. "Violation of privacy." In addition, if, after revoking my consent, the violation of my rights continues, I reserve the right to apply to law enforcement agencies with a statement about the commission of a crime under Article 200 of the Criminal Code of the Republic of Kazakhstan "Illegal receipt and disclosure of information constituting a commercial, tax or banking secret", as well as in Article 50 of the Decree of the President of the Republic of Kazakhstan "About banks and banking activities." In addition, collectors constantly come with threats about the sale of property belonging to my parents. Which contradicts Article 115 of the Criminal Code of the Republic of Kazakhstan. All the actions of the collectors caused me moral damage. In the future, I plan to apply to the court for moral damages in accordance with art. 951 of the Civil Code of the Republic of Kazakhstan. Based on the above and in accordance with Article 50 of the Law "On Banks and Banking Activities" and Article 5 of the Law "On Banks and Banking Activities", I ask you:
To hold accountable the Collection Agency LLP for gross violations of the law;
If there are grounds/violations contrary to art. 16. According to the Law of the Collection Agency LLP, then revoke the license of the Collection Agency LLP;
To respond to the Application within the prescribed time limits.
Yours sincerely,, ......... N.V.. "____" ____________2021 the year.
Attention!
Law and Law Law Law draws your attention to the fact that this document is basic and does not always meet the requirements of a particular situation. Our lawyers are ready to assist you in legal advice, drawing up any legal document suitable for your situation.
For more information, please contact a Lawyer / Attorney by phone: +7 (708) 971-78-58; +7 (700) 978 5755, +7 (700) 978 5085.
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